Disparate Impact: Legal And Political

Legally, “disparate impact” is a term of art coined in Griggs vs Duke Power, 1971, in which, as I said a while back,, “The message of Griggs and “disparate impact” theory: if minorities fail tests at a higher rate than whites, it’s the test that’s wrong.”

This gives the Equal Employment Opportunity Commission (EEOC) tremendous power to mess up both civil service and private sector hiring, requiring them to hire ex-convicts and people with incomprehensible accents, because they`re more likely to be members of minority groups.

“North Miami City Councilman Jacques Despinosse created a bit of a stir Tuesday when he asked the police department to rescind its swimming requirement for recruits because it eliminated many black candidates,” the Miami Herald reports. ” `We can`t swim,` said Despinosse, a Haitian American. `Most of us didn`t come on the Mayflower. We came on slave ships.` “[Swimming Requirement Called Unfair, By David Ovalle,Miami Herald (), Feb. 17, 2003, not online, quoted here or here.]